PART 1INTRODUCTION
Interpretation2
1
In these regulations—
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19922;
“the EEA Regulations” means the Immigration (European Economic Area) Regulations 20063;
“the ESA Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 20164;
“the ITEPA” means the Income Tax (Earnings and Pensions) Act 20035;
“the Medical Evidence Regulations” means the Social Security (Medical Evidence) Regulations (Northern Ireland) 19766;
“the Order” means the Welfare Reform (Northern Ireland) Order 2015;
“adopter” has the meaning in regulation 88(3)(a);
“attendance allowance” means—
- a
an attendance allowance under section 64 of the Contributions and Benefits Act7;
- b
an increase of disablement pension under section 104 or 105 of that Act (increases where constant attendance needed and for exceptionally severe disablement);
- c
a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19838 or any analogous payment;
- d
any payment based on the need for attendance which is paid as an addition to a war disablement pension;
- e
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
- a
“authority” has the meaning in Article 2 of the Children (Northern Ireland) Order 19959;
“bereavement allowance” means an allowance under section 39B of the Contributions and Benefits Act10;
“blind” means certified as severely sight impaired or blind by a consultant ophthalmologist;
“care leaver” has the meaning in regulation 8(4);
“carer’s allowance” means a carer’s allowance under section 70 of the Contributions and Benefits Act;
“carer element” has the meaning in regulation 30;
“childcare costs element” has the meaning in regulation 32;
“child element” has the meaning in regulation 25;
“close relative” in relation to a person, means—
- a
a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother or sister; and
- b
if any of the above is a member of a couple, the other member of the couple;
- a
“confinement” has the meaning in regulation 8(4);
“course of advanced education” has the meaning in regulation 12;
“disability living allowance” means an allowance under section 71 of the Contributions and Benefits Act;
“earned income” has the meaning in regulation 51;
“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 200711 as amended by Schedule 3 and Part 1 of Schedule 12 to the Order;
“expected number of hours per week” has the meaning in regulation 87;
“foster parent” means the person with whom a child is, or is proposed to be, placed under the Foster Placement (Children) Regulations (Northern Ireland) 199612;
“grant” has the meaning in regulation 68;
“health care professional” means (except in regulation 96)—
- a
a registered medical practitioner;
- b
a registered nurse; or
- c
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 199913;
- a
“housing costs element” has the meaning in regulation 26;
“HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 199114;
“individual threshold” has the meaning in regulation 89(2);
“industrial injuries benefit” means a benefit under Part 5 of the Contributions and Benefits Act;
“jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by Part 1 of Schedule 12 to the Order (removing references to an income-based allowance);
“LCW element” and “LCWRA element” have the meaning in regulation 28;
“looked after by an authority” in relation to a child or young person means a child or young person who is looked after by an authority within the meaning of Article 25 of the Children (Northern Ireland) Order 1995;
“maternity allowance” means a maternity allowance under section 35 or 35B of the Contributions and Benefits Act15;
“monthly earnings” has the meaning in regulation 89(6);
“national insurance contributions” means contributions under Part 1 of the Contributions and Benefits Act;
“National Minimum Wage Regulations” means that National Minimum Wage Regulations 2015.16
“paid work” means work done for payment or in expectation of payment and does not include being engaged by a charitable or voluntary organisation, or as a volunteer, in circumstances in which the payment received by or due to be paid to the person is in respect of expenses;
“partner” means (except in regulation 77) the other member of a couple;
“personal independence payment” means an allowance under Part 5 of the Order;
“prisoner” means—
- a
a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
- b
is on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 195317,
other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 198618;
- a
“qualifying young person” has the meaning in regulation 6;
“redundancy” has the meaning in Article 174(1) of the Employment Rights (Northern Ireland) Order 199619;
“Regional Health and Social Care Board” means a Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 200920;
“regular and substantial caring responsibilities for a severely disabled person” has the meaning in regulation 31;
“relevant childcare” has the meaning in regulation 37;
“responsible for a child or qualifying young person” has the meaning in regulation 4;
“statutory adoption pay” means a payment under Part XIIZB of the Contributions and Benefits Act21;
“statutory maternity pay” means a payment under Part XII of the Contributions and Benefits Act;
“statutory paternity pay” means statutory paternity pay under Part XIIZA of the Contributions and Benefits Act22;
“statutory shared parental pay” means statutory shared parental pay payable in accordance with Part XIIZC of the Contributions and Benefits Act23;
“statutory sick pay” means a payment under Part XI of the Contributions and Benefits Act;
“student loan” has the meaning in regulation 68;
“terminally ill” means suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 6 months;
“total outstanding reduction period” has the meaning in regulation 98(5);
“trade dispute” has the meaning as in Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 199524;
“unearned income” has the meaning in regulation 66;
“war disablement pension” means any retired pay, pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the ITEPA;
“widowed mother’s allowance” means an allowance under section 37 of the Contributions and Benefits Act;
“widowed parent’s allowance” means an allowance under section 39A of the Contributions and Benefits Act25;
“widow’s pension” means a pension under section 38 of the Contributions and Benefits Act.
2
For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 195426, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.